International Salt Company v. Ohio Turnpike Commission
Opinion
This is an interlocutory appeal pursuant to 28 U.S.C.A. § 1292(b) of a District Court order extending the provisions of § 5(a) of the Clayton Act, 15 U.S.C.A. § 16(a) (prima facie evidence rule) to this private treble damages action based on a violation of § 1 of the Sherman Act, 15 U.S.C.A. § 1. The order appealed from applies § 5(a) to this case, notwithstanding that appellant successfully contested the criminal action against itself and that appellant entered a consent decree in the government’s civil action against itself and others prior to the determination of that civil action. We are in full accord with Judge Larson’s carefully considered and well expressed opinion in State of Michigan v. Morton Salt Co., D.C.Minn., 1966, 259 F.Supp. 35, 57, 61-64. On the basis of that determination, this case is affirmed.
Reference
- Full Case Name
- INTERNATIONAL SALT COMPANY, Appellant, v. OHIO TURNPIKE COMMISSION, Appellee
- Status
- Published